If you care for someone on In-Home Supportive Services (IHSS), one of the first questions is simple: Can I be the one who gets paid?
In California, often yes. The answer depends on who you are to the person (a parent of a minor, a spouse, or another relative) and which IHSS program they are in.
The biggest change is for parents of minor children. Since February 2024, California has removed the old limits on paying them. Older advice still circulates, so here is what the state says now. We last checked these rules on Nov 9, 2026.
Family providers at a glance
Parent Providers: What Changed for Minor Children
This is where the biggest shift happened, and where outdated information still circulates.
Before February 2024, a parent could be paid only if no other suitable provider was available and the child’s care needs kept the parent from working full time. Those requirements are gone. They were removed by AB 120 and put into practice by CDSS All County Letter 23-106.
Now any enrolled IHSS provider, including a parent, can be paid to care for a minor. Enrollment, including the background check, has not changed.
Parent providers: before and after
The change took effect in February 2024.
- A parent could be paid only if no other suitable provider was available.
- And only if the child’s care needs kept the parent from working full time.
- Children whose parents lacked satisfactory immigration status were denied IHSS entirely.
- Any enrolled IHSS provider, including a parent, can be paid to care for a minor.
- The “no other provider” and full-time-work tests are gone.
- Enrollment, including a background check, still applies.
- The child’s IHSS program still matters (see below).
Sources: CDSS ACL 23-106; Disability Rights California.
Your child’s IHSS program matters.
A child in the Personal Care Services Program (PCSP) cannot have a parent as a paid provider, because PCSP follows federal rules. A non-parent can still be paid.
The county can move a child to CFCO, which allows parent providers. Counties should do this at the next reassessment, and you can ask sooner. Before you agree, ask the county to confirm the child’s hours will not change. For the four programs, read The Four IHSS Programs Explained.
Parents who are not authorized to work in the U.S.
A parent who is not authorized to work in the U.S., including an undocumented parent, still cannot be paid as their child’s provider. The child is no longer denied IHSS because of a parent’s status. The parent can hire a non-parent provider for the child’s authorized hours.
If this applies to you, check with your county or Disability Rights California (see Where to get help).
IHSS is not paying you for being a parent. It pays for specific, authorized services. For a minor, a provider can be paid only for:
- Personal care
- Some domestic services
- Accompaniment to health-related appointments
- Protective supervision, if authorized
- Paramedical services, if a physician authorizes them
Heavy cleaning, yard hazard abatement, and teaching and demonstration are not paid for a minor. LA County policy also treats most housework as the parent’s own responsibility, so it is not assessed (LA County DPSS). These are state rules, but ask your county how it applies them.
Protective supervision is not automatic. For a minor, the county looks for all of these (LA County DPSS):
- A mental illness or impairment that leaves the child unable to make safe decisions
- Likely to engage in potentially dangerous activities
- Needs more supervision than a same-age child without the impairment
- Needs 24-hour supervision to stay safely at home
The focus is on the child’s needs, not a diagnosis. So success depends on how clearly the child’s needs are documented. To see why some requests are denied, read Why Some IHSS Protective Supervision Cases Get Denied.
Two-Parent Households: What the Law Says
Many parents ask: can I be paid if the other parent is home?
Under the old rules, a county asked whether another suitable provider was available. That requirement was removed in 2024. We did not find a state rule that bars paying a parent because the other parent is at home.
What still applies:
- The county assesses what services the child needs and how many hours.
- For protective supervision, the child must need more supervision than a same-age child without the impairment.
- Most housework for a minor is treated as a parent’s responsibility and is not paid.
If a county denies or cuts hours because another parent is home, ask which rule it is relying on. Your Notice of Action explains how to ask for a state hearing, and an advocate can help (see Where to get help).
Spouse Providers: Allowed, But Program-Dependent
Spouses fall into a category that is more technical than most people expect.
The old belief is that a spouse can never be paid. That is not accurate. Spouses can be paid IHSS providers in some programs, including Community First Choice Option (CFCO). Which program the person is in matters.
But state law limits what a spouse can be paid for. So the answer is not simply yes or no. It depends on the program, the services, and whether the spouse is able and available. That is why two families in similar situations can get different answers. For the full breakdown, read Can a Spouse Be Paid as an IHSS Provider in California?
Spouse pay is the narrowest case.
Under Welfare and Institutions Code § 12301(a), an able spouse who is available is presumed willing to provide, at no cost, any services except nonmedical personal services and paramedical services.
In plain terms, the county expects an able spouse to do most tasks for free. Ask your county which services it will authorize for a spouse before you plan around spouse pay.
Live-In vs. Non-Live-In: What Actually Changes
Living with the person you care for does not decide whether you can be paid. It can change how your wages are taxed.
Providers who live in the same home as the recipient can exclude their IHSS wages from federal and state income tax by giving the county a Live-In Provider Self-Certification (SOC 2298). The exclusion continues each year while you keep living with and working for the recipient. Wages paid before the form is processed stay taxable, and the form can take up to 30 days to take effect.
The live-in form covers income tax only.
SOC 2298 covers federal and state income tax. It does not cover Social Security or Medicare taxes (FICA), which can still show on your W-2.
If you move out but keep providing care, tell the county. CDSS lists forms SOC 2299 and SOC 840 for that. This is general information, not tax advice. A tax professional can look at your situation.
From the IHSS side, the steps are the same whether or not you live with the person:
- Enroll as a provider, including orientation
- Be assigned to the recipient
- Submit timesheets for authorized hours only
The difference is mostly financial, not about eligibility.
The Misconceptions That Still Cause Problems
Even with updated rules, families keep running into the same myths. Tap each card to check yourself.
Myth or fact?
Tap a card to flip it.
The Answer Is Yes
Yes, family members can be IHSS providers in California. Since February 2024, that includes parents of minor children, within the program limits above.
IHSS still pays for authorized services tied to the person’s needs, not for being a family caregiver. Documenting those needs well is what turns eligibility into approval.
If your situation changes and you need to find or become a provider, IHSS Connect helps families and caregivers find each other across California.
Check Your Situation
Try these two tools. Nothing you enter is sent to IHSS Connect.
Who can be paid? A quick check
Three questions. Nothing is saved or sent.
1. Who would be the paid provider?
2. Does that person live in the same home as the person getting IHSS?
3. Which IHSS program is the person in?
This is general information, not a decision. Only your county IHSS office can decide who is paid and for what.
Where to Get Help
Who to ask
Your county IHSS officeStart here. Ask which program the person is in and how the county applies these rules. Contact information is on your Notice of Action or your county’s social services website.
Disability Rights CaliforniaFree legal help for people with disabilities. Call 1-800-776-5746 (TTY 1-800-719-5798) or visit disabilityrightsca.org.
IHSS Connect guidesStart with What Is IHSS? or IHSS for Children.
Read More
Sources
CDSS and the statute are the primary sources. LA County’s ePolicy pages explain state policy for that county; other counties may word or apply it differently. We found no later change to these rules as of Nov 9, 2026. Last reviewed Nov 9, 2026.
Disclaimer
Disclaimer. This article is general information, not legal, medical, tax, or financial advice. It does not create an attorney-client or advocate-client relationship.
IHSS rules change, and counties may apply them differently. Confirm details with your county IHSS office or Disability Rights California before you act. IHSS Connect is not a government agency.
